Bombay High Court
Sachin S/O. Sanjaysing Jadhao vs The Divisional Caste Certificate ... on 30 March, 2016
Bench: V.A. Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.1951 OF 2016
PETITIONER :- Sachin S/o Sanjaysing Jadhao, aged about
19 years, Occupation : Nil, R/o C/o Shri G.A.
Jadhao, Lahane Layout, Buldhana, Tahsil and
District Buldhana, presently C/o
Rajendraprasad Shahu, Empress Mill Quarter,
15/2, Near Railway Station, Nagpur.
ig ...VERSUS...
RESPONDENTS :- 1) The Divisional Caste Certificate Scrutiny
Committee No.2, Akola, Tahsil and District
Akola, through its Chairman.
2) Indira Gandhi Government Medical
College, Nagpur, Tahsil and District Nagpur,
through its DEAN/Principal.
3) The Maharashtra University of Health
Sciences, Mhasrul-Dindori Road, Nashik,
through its Registrar.
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Mr.N.B. Kalwaghe, Counsel for the Petitioner.
Mrs.A.R. Kulkarni, AGP for the Respondent Nos.1 & 2.
Mr.J.B. Jaiswal, Counsel for the Respondent No.3
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CORAM : SMT. VASANTI A. NAIK &
V. M. DESHPANDE, JJ.
DATED : MARCH 30, 2016.
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ORAL JUDGMENT (Per SMT. VASANTI A. NAIK, J.)
Rule. Rule made returnable forthwith. The petition is
heard finally at the stage of admission with the consent of the learned
counsel for the parties.
By this writ petition, the petitioner seeks a direction to the
respondent No.1-Scrutiny Committee to decide the caste claim of the
petitioner within a time frame. The petitioner seeks a direction to the
respondent Nos.2 and 3 to protect the education of the petitioner, till
his caste claim is decided.
The petitioner was admitted to the M.B.B.S. Course in the
year 2015 on a seat reserved for the "Vimukta Jatis" (A) and the caste
claim of the petitioner of belonging to the "Rajput Bhamta Community"
was referred to the Scrutiny Committee for verification. It is stated that
though the petitioner's caste claim was referred to the Scrutiny
Committee in the year 2013, the Scrutiny Committee has not decided
the same, till date. It is stated that the college and the university may
contemplate action against the petitioner and may not permit the
petitioner to prosecute the education in the M.B.B.S. Course. In this
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background, the petitioner has sought the aforesaid relief.
Mrs.A.R. Kulkarni, the learned Assistant Government
Pleader appearing on behalf of the respondent No.1-Scrutiny
Committee states, on instructions, that the caste claim of the petitioner
is pending before the Scrutiny Committee and the same would be
decided as early as possible. It is stated that due to the heavy pendency
of the matters before the Scrutiny Committee, it would not be possible
to decide the matter before one year. It is stated that there is
insufficient staff and Vigilance Officers in the Scrutiny Committee.
In view of the statement made by the learned Assistant
Government Pleader in regard to the pendency of the caste claim of the
petitioner, we allow the writ petition. The respondent No.1-Scrutiny
Committee is directed to decide the caste claim of the petitioner within
a period of fifteen months. Since the petitioner is not at fault in not
producing the caste validity certificate, we protect the education of the
petitioner, till his caste claim is decided. This would mean that the
petitioner should be permitted to prosecute the education in the
M.B.B.S. Course, attend the classes, appear at the examination, till his
caste claim is decided. It is needless to mention that the petitioner
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would be entitled to submit the examination form as per the University
Rules by 31.3.2016.
Rule is made absolute in the aforesaid terms with no order
as to costs.
Copy of this order be furnished to the learned counsel for
the parties on request.
JUDGE JUDGE
!! BRW !!
